대여금
1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.
2. The plaintiff.
1. Basic facts
A. On August 12, 1996, Korea Commercial Bank Co., Ltd. (1) loaned KRW 10,000,000 to Co-Defendant B of the first instance trial on August 12, 1996 (hereinafter “instant loan”) at the maturity rate of November 22, 1998, and 12.75.5% at interest rate.
C and the co-defendant D of the first instance trial jointly and severally guaranteed the debt of the instant loan.
(2) On March 30, 2002, the claim for the instant loan was transferred in sequence to a limited-liability company specialized in Korean financial system, and on February 14, 2003, to the Plaintiff.
(3) As of September 18, 2003, the principal and interest of the instant loan claims amounting to KRW 6,256,335, among which the principal and interest are KRW 3,310,228.
(4) C died on July 24, 1999, and the Defendant, who was the son, succeeded to the obligation of joint and several surety for the instant loan.
B. The Plaintiff brought the instant lawsuit against B, D, and Defendant to jointly and severally pay the principal and interest of the instant loan.
In the first instance court, D was finally decided on May 26, 2004.
B and the defendant were served with a copy of the complaint by public notice, and on September 20, 2004, the judgment accepting the plaintiff's claim was rendered.
The judgment of the first instance court of this case became final and conclusive on October 12, 2004.
C. On June 15, 2011, the succeeding intervenor succeeded to the claim of the instant loan from the Plaintiff, and the same year.
7. 21. On behalf of the Plaintiff, the assignment of claims was notified to B by content-certified mail.
On December 12, 2013, the succeeding intervenor filed a new lawsuit by the succeeding intervenor and the defendant's subsequent appeal (1) the succeeding intervenor filed an application for a payment order against the deceased C, etc. for the payment of the principal and interest of the instant loan (this court was the next 2013th 170443).
In litigation proceedings (this Court Decision 2013Da6148523, hereinafter "new suit of this case") conducted because payment order against C was not served, the succeeding intervenor changed the party to the defendant on March 28, 2014.
On August 20, 2014, the court of the lawsuit of this case shall have the Seoul Family Court for the adjudication on the inheritance recognition against the deceased C.